On March\n18, 2020, President Trump signed the Families First Coronavirus Response Act.\nThe new law requires to provide paid leave under the Emergency Family and\nMedical Leave Expansion Act (EFMLA) and the Emergency Paid Sick Leave Act. The\nlaw takes effect on April 2, 2020 and expires on December 31, 2020. <\/p>\n\n\n\n
Emergency\nFamily and Medical Leave Expansion Act<\/em><\/strong><\/p>\n\n\n\n Which\nprivate employers are covered by the EFMLA?<\/strong><\/p>\n\n\n\n All\nemployers except with 500 or fewer employees. (The Secretary of Labor is,\nhowever, authorized to exempt an employer with fewer than 50 employees if providing\nthe required leave would jeopardize the viability of their business.)<\/p>\n\n\n\n Which\nemployees are covered?<\/strong><\/p>\n\n\n\n All\nemployees who have worked for the employer at least 30 days before starting\nleave. (Employers can exclude employees\nwho are health-care providers or emergency responders.)<\/p>\n\n\n\n What does the EFMLA require?<\/strong><\/p>\n\n\n\n The law\nexpands the Family and Medical Leave Act (FMLA) to require up to 12 weeks of\npaid time off for an employee unable to work or telework to care for the\nemployee\u2019s child under the age of 18 if (a) the child\u2019s school or place of care\nhas been closed or (b) the care provider is unavailable because of a public\nhealth emergency with respect to the Coronavirus declared by a Federal, State,\nor local authority.<\/p>\n\n\n\n How\nis the amount of pay an employee receives calculated?<\/strong><\/p>\n\n\n\n The\nfirst ten days of leave is unpaid, although the employee can substitute accrued\nleave and the federal Emergency Paid Sick Leave discussed later. After the\ninitial ten days, the employee is entitled to 2\/3 of the employee\u2019s regular\nrate for the employee\u2019s normally scheduled hours. Payment, though, is capped at\n$200 per day and $10,000 total.<\/p>\n\n\n\n If an\nemployee\u2019s schedule varies, the employer must average the hours worked over the\nsix-month period ending on the date the employee would have taken leave. If the\nemployee has not yet worked for the employer for six months, the employer must\nuse \u201cthe reasonable expectation of the employee at the time of hiring of the\naverage number of hours per day the employee would normally be scheduled to\nwork.\u201d<\/p>\n\n\n\n Does\nan employer have to restore the employee to his or her position when leave\nends?<\/strong><\/p>\n\n\n\n Yes,\nwith one exception. An employer with fewer than 25 employees does not have to\nreturn an employee to work if the following conditions are met:<\/p>\n\n\n\n Emergency\nPaid Sick Leave Act<\/em><\/strong><\/p>\n\n\n\n Which\nprivate employers are covered?<\/strong><\/p>\n\n\n\n Like the\nEFMLA, all private employers with 500 or fewer employees are covered, and the\nSecretary of Labor can exempt an employer with fewer than 50 employees if providing\nthe required leave would jeopardize the viability of their business.<\/p>\n\n\n\n Which\nemployees are covered?<\/strong><\/p>\n\n\n\n Every\nemployee immediately upon hire. (Employers can exclude employees who are\nhealth-care providers or emergency responders.)<\/p>\n\n\n\n What\nabsences are covered?<\/strong><\/p>\n\n\n\n Paid\ntime off is required to the extent an employee is unable to work or telework\nneeding leave because:<\/p>\n\n\n\n 1. The\nemployee is subject to a federal, state or local quarantine or isolation order\nrelated to COVID-19; <\/p>\n\n\n\n 2. The\nemployee has been advised by a health care provider to self-quarantine due to\nCOVID-19 concerns; <\/p>\n\n\n\n 3. The\nemployee is experiencing COVID-19 symptoms and seeking medical diagnosis; <\/p>\n\n\n\n 4. The\nemployee is caring for an individual subject to an order described in paragraph\n1 or has been advised as described in paragraph 2 (note<\/strong> \u2013 care for any\nindividual \u2013 not just family members);<\/p>\n\n\n\n 5. The\nemployee is caring for the employee\u2019s child if the child\u2019s school or place of\ncare is closed or the child\u2019s care provider is unavailable due to COVID-19\nprecautions; or<\/p>\n\n\n\n 6. The\nemployee is experiencing any other substantially similar condition specified by\nthe Secretary of Health and Human Services in consultation with the Secretary\nof the Treasury and the Secretary of Labor.<\/p>\n\n\n\n How\nmuch paid leave does an employee receive?<\/strong><\/p>\n\n\n\n Full-time\nemployees are entitled to 80 hours of paid sick leave. Part-time employees are\nentitled to the number of hours that such employee works, on average, over a\ntwo-week period. <\/p>\n\n\n\n If an\nemployee\u2019s schedule varies, such that an employer cannot determine with\ncertainty the number of hours the employee would have been normally scheduled\nto work, the employer must average the hours worked over the six-month period\nending on the date the employee would have taken leave. If the employee has not\nyet worked for the employer for six months, the employer must use \u201cthe\nreasonable expectation of the employee at the time of hiring of the average\nnumber of hours per day the employee would normally be scheduled to work.\u201d<\/p>\n\n\n\n What\nrate do we use to calculate paid leave?<\/strong><\/p>\n\n\n\n Employees\ntaking time off for reasons 1, 2, and 3 above (self-care) receive their regular\nrate per day. Employees taking time off for reasons 4, 5, and 6 above (care for\nothers) receive two-thirds their regular rate.<\/p>\n\n\n\n Is\nthere a cap on the amount of pay?<\/strong><\/p>\n\n\n\n Yes.\nPaid sick leave for reasons 1, 2, and 3 is capped at $511 per day and $5,110 in\nthe aggregate. Paid sick leave for reasons 4, 5, and 6 is capped at $200 per\nday and $2,000 in the aggregate.<\/p>\n\n\n\n Can\nwe require notice from employees?<\/strong><\/p>\n\n\n\n Yes.\nAfter the first day of paid sick leave, \nan employer can require the employee to follow reasonable notice\nprocedures in order to continue receiving paid sick time<\/p>\n","protected":false},"excerpt":{"rendered":" On March 18, 2020, President Trump signed the Families First Coronavirus Response Act. The new law requires to provide paid leave under the Emergency Family and Medical Leave Expansion Act (EFMLA) and the Emergency Paid Sick Leave Act. The law takes effect on April 2, 2020 and expires on December 31, 2020. Emergency Family and … <\/p>\n